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Terms and Conditions

These Terms & Conditions were last updated on Feb 2, 2018.

YOUR USE OF THIS SERVICE MEANS THAT YOU ACCEPT THE FOLLOWING TERMS & CONDITIONS WHICH ARE LEGALLY BINDING. IF YOU DO NOT AGREE TO BE BOUND BY THEM, YOU SHOULD EXIT THE SERVICE IMMEDIATELY. PLEASE READ THESE TERMS & CONDITIONS (the "Terms & Conditions") CAREFULLY BEFORE USING THIS SERVICE.

Rubids Inc., New Jersey LLC, a New Jersey limited liability company, with offices at 4115 Annandale Rd, Annandale, VA 22003, USA, (the "Company" or "We") is the operator of the website domain www.Rubids.com (the "Website").

When You (hereinafter referred to as the "End User" or "user" or "You") use the Website, or Services, these Terms & Conditions (hereinafter referred to as the "Terms & Conditions" or "Agreement") shall apply to such use.

In addition to this Agreement, the Privacy Policy, which can be found at http://www.Rubids.com/legal/privacy-policy (the "Privacy Policy") applies to your use of the Website and the Services, and You should review it prior to any use of the Website or the Services

If You do not agree to the Terms & Conditions, do not use Rubids. If You access, use, or download in any way any service from Rubids, You agree to and are bound by these Terms & Conditions and also acknowledge that (a) You have had the opportunity to review the tutorials regarding the use of Rubids included in "Rubids Quick Guides", (b) You have either reviewed the tutorials or have chosen not to do so, and (c) You have had the opportunity to ask questions regarding the use of Rubids by telephone or email and to have those questions answered.

Your use of the Company's Social Gaming Services is strictly subject to all additional rules which shall apply to the type of Social Gaming Services which You are using, including, but not limited to, the "Bonus Policy", the "Withdrawal Policy", the "Responsible Gaming Policy", the "Location Verification Terms & Conditions", and the "House Rules" (together the "Additional Rules") in each case as updated from time to time. The Privacy Policy and Additional Rules are incorporated by reference into this Agreement and shall constitute an integral part thereof.

Rubids may change (add to, delete, or amend) the Terms & Conditions from time to time, with or without cause. Should this occur, You agree that Rubids may provide You notice of such changes in any of the following ways: via an email from Rubids, via an RSS feed, via Rubids' blog, and/or by posting a change notice on the website for a reasonably limited time. It is Your responsibility to review any revised Terms & Conditions. Should You find any subsequent revisions to the Terms & Conditions unacceptable, You must cease using Rubids' services. By continuing to access, use, or download in any way any service from Rubids following notice of a revision to the Terms & Conditions, You agree to and are bound by the Terms & Conditions as revised.

1.Introduction

1.1 Rubids Cash Back Shopping Program
Rubids.com (Rubids) offers a service that allows members to earn cash back on purchases made. Joining and using Rubids is free and simple, requiring only your email address and a password to get started. Rubids does not sell or rent your personal information to third parties, and Rubids does not 'spam' its members. Rubids does not install or require you to install software on your computer. In other words, there is no 'catch'. Rubids receives a fee for referring buyers to affiliated stores and uses that fee to pay members cash back on their purchases. Please read this complete member agreement ("Agreement") for full details on the Rubids Cash Back Shopping Program ("Program"). We think you will agree that Rubids offers the smartest way to shop online or in-store.
1.1.1 Earning Cash Back
Earning back a portion of your purchases as cash back ("Cash Back") is straightforward. Choose a store, product, coupon or other offer displayed on Rubids.com or an Rubids application, click the accompanying shopping link to be directed to an affiliated store's website ("Affiliate Store"), and complete a purchase to earn Cash Back on your net purchase amount. You may also earn Cash Back on purchases made 'in-store' at a limited number of stores by presenting an Rubids coupon at time of check out. Such stores and coupons are clearly identified on Rubids.com. Specific Cash Back amounts vary by store and product category and are provided in detail at Rubids.com. Please note that the net purchase amount excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties.

Certain Affiliate Stores exclude a limited number of products and purchases from the Program. Rubids does its best to minimize and maintain an up-to-date list of exclusions on Rubids.com. Additionally, to earn Cash Back, you must complete your purchase during the same shopping session you start after clicking on the Rubids link. If you visit other sites before completing your purchase or use coupons not provided by Rubids, your purchase might be associated with a service other than Rubids and you might not earn cash back on your purchase. If you disable 'cookies' on your computer you will not be able to earn Cash Back as cookies are used to authenticate the user and be certain Cash Back is assigned to the Member account.
1.1.2 Earning Bonuses & Other Rewards
Rubids periodically offers monetary bonuses or other rewards for sign-up in the Program, for referring other new Members, or for other specific actions. The terms and conditions accompanying such offers will govern how they are earned and paid if the terms and conditions differ from this Agreement. To qualify for a sign-up bonus payment, a new Member must establish an Active Account (defined below) and make minimum qualifying purchases totaling at least twenty-five dollars ($25.00) within ninety (90) days of becoming a Member. To qualify for a referral bonus, a Member must refer a new Member who establishes his or her own Active Account and makes his or her own minimum qualifying purchases totaling at least twenty-five dollars ($25.00) within the first ninety (90) days of becoming a Member. Please note that sign-up and referral bonuses are given for the purpose of attracting brand new Members to Rubids. An individual person is only eligible for one sign-up bonus and may earn only one referral bonus per individual person referred. To be sent a gift card bonus, Member must have a valid address in the United States or Canada only.
1.1.3 Receiving Payment
To receive payment of accrued Cash Back and any other rewards, you must establish and maintain an active account with Rubids ("Active Account") with the information necessary to process your payment: a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, your first and last name, and a password to protect your account. To maintain your Active Account, you must update your information if it changes and have shopped via Rubids.com or an Rubids Application or have accrued Cash Back at any time within the last twelve (12) months.

Rubids pays its members accrued Cash Back and other rewards every 3 months, at a minimum. Rubids pays members in U.S. dollars via check, Paypal, and sometimes other payment options. Members may select or change their payment options in the My Rubids section of Rubids.com. If your check expires without being cashed or deposited or if it is returned to Rubids, it will be returned to your account, where it will be subject to inactive account maintenance charges described below. Each payment represents Cash Back and other rewards earned and accrued during the prior quarter based on the schedule below. The minimum payment amount is $5.01. Balances below $5.01 remain in your account for potential payment during the next payment period.

Purchase period Payment Date

Jan 1-Mar 31 May 15

Apr 1-June 30 Aug 15

July 1-Sept 30 Nov 15

Oct 1-Dec 31 Feb 15

Please note that orders from a few Affiliate Stores may be delayed by one pay cycle due to delayed processing and reporting by the stores. We do our best to expedite payments and to maintain a list of stores whose practices might delay our ability to pay Cash Back on your purchase. Rubids reserves the right to delay payment for any purchase based on changes to Affiliate Store policies and procedures at any time.
1.2 Rubids Social Gaming Program
- 1.2.1 By registering with the Company via the Website and/or by using the Company's Social Gaming Services via the Website and/or by marking the "I have read and agree to the terms of the Terms & Conditions" box below (or any other similar wording), You agree to be bound by this Agreement, the Privacy Policy and the Additional Rules in their entirety and without reservation. As such, this Agreement constitutes a binding legal agreement between You and the Company and together with the Privacy Policy and the Additional Rules which are deemed to be an integral part hereof, this Agreement shall govern your use of the Website and the Social Gaming Services at all times.
- 1.2.2 The Company operates the Website and offers the Services under an Internet Gaming Permit issued by the NJDGE. All Social Gaming Services transactions between You and the Company must take place in New Jersey.
- 1.2.3 The software offered by the Company, which may be made available in either downloadable or non-downloadable form (the "Software"), allows You to use the Social Gaming Services currently available via the Website. The Company reserves the right to suspend, modify, remove or add to the Services in its sole discretion, subject to any statute, regulations or direction from the NJDGE with immediate effect and without notice. The Company shall not be liable for any loss suffered by You resulting from any changes made and You shall have no claims against the Company in such regard.
- 1.2.4 In respect to your use of the Services, You may only have one account with each specific brand operated by the Company for which You will register using your own legal name. You shall access the Software and use the Services only via your own account, You may never access the Software or use the Services by means of another person's account. Should You attempt to open more than one account, under your own name or under any other name, or should You attempt to use the Services by means of any other person's account, We will be entitled to block your account pending investigation, and/or notify the proper authorities of the suspected activity, which may result in the closure of all your accounts, and You being barred from future use of the Services.
1.3 Rubids Penny Auction Program
The following Terms & Conditions shall apply to the relationship between Rubids Holdings LLC, all subsidiaries of Rubids Holdings LLC, and www.Rubids.com ("Rubids"), and the end user ("You" or "Your"). By using Rubids' services, You accept these Terms & Conditions, as well as the manner in which Rubids operates. These Terms & Conditions constitute the entire agreement between Rubids and You and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between You and Rubids with respect of Your use of Rubids.

Purchase period	Payment Date
Jan 1-Mar 31	May 15
Apr 1-June 30	Aug 15
July 1-Sept 30	Nov 15
Oct 1-Dec 31	Feb 15

Information on Rubids, such as the "Rubids 101", "Help" or "About Us" sections, are only recommendations and are not intended as rules or guidelines. Rubids is not liable or responsible for the actions of users or other individuals who have read or been informed of such information or other written material.

As is typical with auctions, Rubids cannot guarantee that You will be the winner of any individual auction or that the final price in any auction will be a tremendous discount. Sometimes bidding can be very competitive, and the competition tends to grow as the products become more valuable or sought after.

In order to give You a sense of what Your competition might be, below is a chart that shows how many bidders participated historically in certain auctions and about how many bids the winner of the auction placed.

By accepting the Terms & Conditions and/or registering with Rubids, You confirm that You are at least 18 years of age and at least age of majority under applicable laws of the country, state, city, or other jurisdiction (each, a "Jurisdiction") of Your residence, that You can engage in a binding contract, and that You meet all other eligibility requirements contained in these Terms & Conditions. By using Rubids, You warrant that You have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions.

You must reside in one of the 50 states of the United States or Washington D.C.

Rubids employees and their family members (defined as parents, spouse, siblings and children) and any persons residing in the same household as Rubids employees may not under any circumstances participate in Rubids auctions.

Rubids products and services are offered exclusively to private users and not to commercial or semi-commercial retailers.

Rubids reserves the right to limit in its sole discretion the number of user accounts per natural person and the number of won auctions per user account. A single credit card may not be used in conjunction with multiple user accounts. Rubids limits the number of user accounts per natural person to one (exceptions may apply – contact customer support with any questions at [email protected]). A single user account may win a maximum of twelve (12) auctions, excluding bid voucher auctions, in a 28-day period. A single user account may only win a maximum of twelve (12) auctions per 24-hour period. A user account may only be winning a maximum of five (5) auctions at any one time, plus one (1) beginner auction if applicable, less the number of current auction wins over the previous 24-hour period. A user account generally may win only one of the same item with a value price greater than $285 in value during a 28-day period and /or one item with a value price equal to or greater than $1,000 during a 28-dayperiod. However, Rubids reserves the right to, from time to time and in its sole discretion, impose different win limits for specific products.

You may not participate in collusion with other users. Rubids reserves the right to permanently close the accounts of users suspected of collusion. If Your account has been closed due to suspicion of collusion, You will no longer be entitled to refunds for Your purchases on Rubids.

If you have any questions, concerns, or comments about our Terms & Conditions, please email us at [email protected].

Odds of Winning Auctions

Every auction is unique and the results of all auctions offered on Rubids depend on the number of users participating in such auctions and the skill of the users participating in the auctions; precise odds of winning are therefore unavailable.

Bids are purchased in advance in the form of "Bid Packs." Rubids reserves the right to offer different size Bid Packs at different times. Should You not honor a payment, You will be charged a returned payment fee. Rubids reserves the right to block access to a user's account until payment in full of the invoice amount, including any fees due to returned payment, etc., and to withhold any outstanding deliveries until payment in full is received.

From time to time, free bids may be offered. Free bids are only valid until the expiration date stated in the promotion, which is typically seven days. Once a bid is placed in an auction, it is deducted from the user's bid account and can no longer be refunded, irrespective of whether or not the bid is successful.

You can place bids in two ways: (1) manually by clicking an auction's "Bid" button and/or (2) by using the Bid-O-Bots function. Bid-O-Bots is an automated feature which lets You bid on an auction even when You are not online or logged in. Bid-O-Bots autoBotsally places bids according to Your instructions. You can read more about how the Bid-O-Bots operates in the "Rubids Quick Guides" and "Help" sections.

A maximum of 20 seconds will be added to the timer and one bid will be deducted from Your account with each bid placed. An auction ends when the timer on the Rubids server(s) hits zero. The winner of an auction is the last bidder the database recorded before the timer on the Rubids server(s) hit zero.

Bids are a limited license to participate in Rubids auctions and have no monetary value. You may not obtain any money in exchange for Bids; however, Rubids has a limited return policy with respect to purchased Bid Packs. For one year after purchasing a Bid Pack, You have the right to a full refund for the purchase price of the unused bids remaining in the Bid Pack. Voucher and Free Bids are not eligible for a refund. To the extent there are unused Bids in Your account, and there has been no activity for two years, You will be charged an inactivity fee of five (5) Bids per month for each inactive Bid Pack. All Bids expire after three years of inactivity. Once we delete Bids we will not reinstate them, except at our discretion.

When You place Bids, the first Bids used will be Bids from Bid Packs, starting with the Bids that are going to expire the soonest. After Bids from Bid Packs are exhausted, Free Bids will be used, starting with the Bids that are closest to expiring. After Free Bids are exhausted, Voucher Bids are used, starting with the Bids that are closest to expiring. At Rubids sole discretion, You may be given an opportunity to select which type of bids to use on an auction.

If You ever believe that Your account does not reflect Bids that You have acquired validly, You must notify us within six months of the date You claim to have acquired the Bids.

If You did not win an auction, You may still purchase the item at our Value Price using the Buy Now feature. You have two hours after an auction ends to utilize this feature. Once You click the Buy Now button, You will receive credit for the cost of the Bids You placed in that particular auction toward the Value Price of the item You are purchasing. Please note that You will not receive any credit for Voucher Bids, Free Bids, or bids that are more than one year old with regard to the Buy Now feature. You may not purchase an item through the Buy Now feature until You have purchased at least one bid pack and placed at least one bid on the auction for the item You want to purchase. You can read more about Buy Now in the "Rubids quick guides" sections.

Rubids attempts to limit some auctions to users of comparable skill, as determined by Rubids, to enhance user experience and maintain a viable business model. In so doing, Rubids may limit which auctions are available to particular users based on any factors deemed appropriate by Rubids in its sole discretion, including experience of the user, historical success of the user, demographic factors, prior bidding and spending activity, and other factors. In particular, Rubids may limit certain auctions to less experienced or successful users in any manner Rubids deems appropriate to optimize the overall user experience of all Rubids users. You acknowledge that You may be, and You consent to being, excluded from auctions at Rubids discretion.

Rubids may allow users in multiple countries to participate in a single auction. Rubids offers these auctions through a group of affiliates located in each country in which Rubids operates. By participating in these auctions, You agree that you are participating in them solely through the Rubids affiliate located in Your country. Although users participating in auctions are participating in a single auction, the actual item offered and bid upon, and the price at which such item is offered and bid upon, may vary based on the country in which the user is located. Although Rubids strives to offer identical or similar items to all users participating in a single auction at an identical or similar price, manufacturers' practices, product availability, currency exchange rates, and other factors make this impractical in some circumstances. By participating in an auction, You agree that Rubids may offer a different but similar (as determined by Rubids in its sole discretion) item at a different but similar (as determined by Rubids in its sole discretion) price to users located in other countries participating in the same auction.

Rubids may, in its sole discretion, offer auctions that allow users to choose the product they want from a specified list of products after they win an auction or choose to Buy Now. Although Rubids strives to offer products in an auction that are of an identical or similar price, manufacturers' practices, product availability, currency exchange rates and other factors make this impractical in some circumstances. By participating in auctions, you agree that Rubids may, in its sole discretion, offer different products at different but similar (as determined by Rubids in its sole discretion) prices.

Rubids reserves the right to, from time to time, in its sole discretion, change the price of bids. Rubids has a feature called "Locked Auctions". At some point during each auction, at Rubids' sole discretion, the auction will be locked and customers who have not placed bids on the auction will not be allowed to do so. Also, customers who have not placed bids on the auction within a certain period of time or have not placed a minimum number of bids, as determined by Rubids' sole discretion, will be prevented from placing further bids. Customers who have been "locked out" will still be allowed to utilize the Buy Now feature.

2. Acceptance of Terms and Conditions

2.1 IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THIS AGREEMENT YOU SHOULD IMMEDIATELY STOP USING THE SOFTWARE AND REMOVE THE SOFTWARE FROM YOUR COMPUTER. BY REGISTERING WITH US, USING THE SOFTWARE OR LOGGING ONTO THE WEBSITE, YOU EXPRESSLY CONSENT TO THE TERMS OF THIS AGREEMENT.
2.2 We reserve the right to amend, modify, update and change any of the terms and conditions of this Agreement (including any of the Additional Rules) and the Privacy Policy from time to time and you may be required to accept such changes to this Agreement and the Privacy Policy in order to continue using the Services.
2.3 PLEASE NOTE: We take our responsibilities in relation to your privacy very seriously and therefore changes to the Privacy Policy are strictly subject to the modification provisions found therein.
2.4 Other than in relation to the Privacy Policy, please note that this Agreement shall prevail in the event of any conflict between this Agreement and any of the Additional Rules or other documents referred to in this Agreement. For the avoidance of doubt, the Privacy Policy shall prevail in the event of any conflict with this Agreement.
2.5 Your attention is drawn to our Privacy Policy at http://www.Rubids.com/legal/privacy-policy which describes how We deal with and protect your personal information. By accepting these Terms & Conditions, You are also acknowledging and accepting the Privacy Policy.

3. Compliance with Laws and Location Verification

This Terms & Conditions Agreement and Your use of Rubids shall be governed by the laws of the United States of America and the State of New Jersey. Without in any way limiting the "Dispute Resolution" requirements set forth above, any court proceeding related to this website or these Terms & Conditions may be brought only in a federal or state court sitting in New Jersey. You agree to accept the jurisdiction of such courts.

Rubids will follow all applicable laws for the sale of bid packages and goods in the countries in which it operates.

VOID OUTSIDE OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an account or participate in auctions offered by Rubids while located in a prohibited jurisdiction, You will be in violation of the law and these Terms & Conditions and subject to having Your account suspended or closed permanently. You agree that Rubids cannot be held liable if laws applicable to You restrict or prohibit Your participation.

The UN Convention on the International Sale of Goods shall not apply.
If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms & Conditions shall remain in force and effect and such invalid, unenforceable or void provisions will be deemed to be modified so as to effect the original intent of these Terms & Conditions as closely as possible.

3.1 Use of the Services is restricted to users who are playing from within the State of New Jersey. You represent, warrant and agree to ensure that your use of the Software and the Services will comply at all times with all applicable laws, statutes and regulations.
3.2 You acknowledge that You will be physically within the State of New Jersey during any time of play and You will comply with our requirements in connection with verifying your physical location at time of play, including by verifying the location of (i) Your mobile phone (the "Mobile Phone Location Service"), or (ii) the device on which You are accessing the Services (the "Device Location Service"). In order to verify Your location, We may employ the Mobile Phone Location Service, the Device Location Service, or both, at our exclusive discretion, subject to applicable laws and gaming regulations.
Mobile Phone Location Service: Location coordinates are only gathered after the mobile phone user has agreed to use this service. Upon completing the account registration process, You may receive an SMS text message to your mobile phone prompting You to confirm your consent to use the Mobile Phone Location Service. You can then accept by replying YES to the SMS text message. At any time You can cancel our Mobile Phone Location Service's ability to obtain your location coordinates by replying STOP to the SMS text message or by contacting our support service at [email protected]. You hereby consent to your location being verified via the Mobile Phone Location Service each time You login to your account.
The Mobile Phone Location Service is available only on selected carriers. The Mobile Phone Location Service might not be available if the phone is roaming or is turned off. Location coordinate data is transmitted via Secure Socket Layer (SSL) technology into password protected servers. Your data will be used only by us and by our third party vendors and service providers and any other affiliated entity to provide the Services, or as otherwise permitted by law. We will not sell your data to any third party other than as provided in the Terms & Conditions, Privacy Policy or the Location Verification Terms & Conditions. Please contact your carrier for rate information.
Periodic reminders of your ongoing use of the Mobile Phone Location Service will be sent to your mobile device every 30 days. If You wish to continue using the Mobile Phone Location Service, no additional action will be needed.
To sign-up text YES to 13479605365. To cancel: Text STOP to 13479605365. For Support text HELP to 13479605365 or email: [email protected] At any time, You may cancel our ability to obtain your location coordinates by texting STOP to 13479605365 or contacting us at [email protected] Message and Data rates may apply.
Device Location Service: The Device Location Service relies on WiFi signals to determine the geographic location of the device on which you are accessing the Gaming Services. Your device must have WiFi capability. You will not be able to play for real money on the Gaming Services from a device that does not have WiFi capability, or on which the WiFi has been disabled.
Additional terms associated with mobile location verification can be found here: http://www.Rubids.com/legal/mobile-terms-conditions-nj.asp
3.3 Certain services will make use of your location data. If you use such services, you consent to us transmitting, collecting, maintaining, processing and using your location data in order to provide and improve location-based services.
3.4 The Company shall not be responsible for any illegal or unauthorized use of the Software and/or the Services by You. Please consult an attorney if You have any doubts about the legality of your use of the Software and the Services under the laws of any jurisdiction that applies to You. By accepting these terms, You agree to assist the Company, to the extent You are able, with its compliance with applicable laws and regulations.
3.5 Persons located outside of the State of New Jersey, at the time of their activity, may not use the Services for real money play.
3.6 Under no circumstances will We nor any of our affiliates or third party service providers and their respective affiliates be responsible or liable in any respect for any losses You may incur as a result of Your location not being able to be properly verified for any reason. By using the Gaming Services, You understand and agree that such responsibility or liability is borne exclusively by You.

4. Permitted Participation

Program Limitations, Qualifications & Disclaimers

Membership in the Program is subject to this Program Agreement. All Affiliate Store membership and/or operating agreements as they relate to their affiliate or partner programs with Rubids and which reside on the Affiliate Store's respective Web sites are hereby incorporated into this Agreement by reference.

Membership in the Program is limited to individuals who are 18 years of age or older. Members may not use scripts or disguised redirects to derive financial benefit from Rubids. Members must have Internet access and maintain a valid email address to be eligible to receive the privileges and benefits of membership.

Any failure to comply with this Program Agreement, any fraud or abuse relating to the accrual or receipt of cash back rewards, or any misrepresentation of any information furnished to Rubids or its affiliates by you or anyone acting on your behalf may result in the termination of your membership in the Program and forfeiture of your accrued Cash Back rewards.

The determination of whether or not a purchase made through an Rubids Affiliate Store qualifies for Cash Back is at the sole discretion of Rubids. If an Affiliate Store fails to report a transaction to Rubids or withholds payment to Rubids for any reason, Rubids reserves the right to cancel the Cash Back associated with that transaction. If Rubids has any reason to suspect fraudulent activity is associated with your account, Rubids reserves the right to delay or withhold payment of Cash Back. You give Rubids permission to review your account with Affiliate Stores in cases where Rubids suspects fraudulent activity. Rubids is not responsible for lost or stolen payments, including gift cards. Rubids is not responsible for payments delivered to the wrong address through no fault of Rubids or for payment errors made by payment partners like PayPal.

It is your responsibility to check your account regularly to ensure that Cash Back has been properly credited and paid and that your account balance is accurate. If you do not believe that Cash Back has been correctly credited to your account you must contact Rubids Customer Service within 90 days of the transaction. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to withdraw from the Program.

You may be taxed on your receipt of cash and other consideration (merchandise, travel, etc.) for member referrals, depending on the tax laws of federal, state, and local jurisdictions. Rubids may choose to provide you with those notices to you on occasion. In all instances, you will be solely responsible for any and all tax liability arising out of the consideration received for member referrals.

Rubids is not responsible for changes to, or discontinuance of, any Affiliate Store, or for any Affiliate Store withdrawal from the Program, or for any effect on accrual of Cash Back caused by such changes, discontinuance, or withdrawal. Rubids is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliate Store site.

The Rubids Program and Applications are being provided to member "as is" with no warranty. Rubids reserves the right to terminate the Program at any time with or without notice. To the maximum extent permitted by law, Rubids disclaims all representations and warranties, express or implied, with respect to the Program and Applications.

Rubids does not warrant, guarantee, or make any representations regarding the quality or accuracy of advertisements for any products or services offered or provided by Affiliate Stores in conjunction with the Program. In addition, Rubids does not warrant that access to this site or use of its Applications will be uninterrupted or error-free, and Rubids assumes no responsibility for any damage caused by your access or inability to access Rubids.com or Rubids' Applications.

Member agrees to indemnify and hold Rubids, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any party due to or arising out of Member's use of the Program.

Rubids may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Terms & Conditions page of the Rubids Web site regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without reference to conflicts of law rules. As a condition of the use of the Rubids website and service, you (the Member) agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Bergen County, New Jersey and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of Bergen County.

If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. Rubids' failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Rubids with respect to the Program.

4.1 No one under the age of 21 (individuals 21 or older referred to herein as "Legally of Age") may download the Software or use the Services under any circumstances and any person not Legally of Age who downloads the Software or uses the Services will be in breach of the terms of this Agreement and the laws of the State of New Jersey. It is a criminal offense to allow a person who is not Legally of Age to participate in Internet wagering. Anyone who facilitates someone not Legally of Age to use the Services has committed a criminal offense and shall be prohibited from using the Services. The Company reserves the right to request proof of age at any stage, to verify that persons not Legally of Age are not using the Services. The Company may terminate a person's account and exclude a person from using the Software or the Services if proof of age is not provided or if the Company suspects that a person using the Software or the Services is not Legally of Age. Any initial deposits made by a player in such account shall be returned within 60 business days of cancellation, subject to NJDGE approval. The Company reserves its discretion with respect to refund of any Bonuses or winning funds provided to or gained by the player.
4.2 You hereby explicitly consent that We may verify your registration details, such as your name, physical address where you reside, your date of birth and social security number, and your passport identification (for non US residents) to confirm that You are Legally of Age. We reserve the right to verify that You have not been previously self-excluded with the Company, the NJDGE and any casino or any program offered by a governmental agency and otherwise remain on the Company's self-exclusion list. By requesting certain documents, We reserve the right to verify your information, including your e-mail address and payment methods used, at any time. Requested documents shall include, but are not limited to, (a) an identity card such as a valid passport, (b) proof of address such as a utility bill, and (c) proof of payment method, and can be sent to us through the 'Upload Your Documents' feature in the Website's Cashier. In Company's sole discretion, We may request notarized document copies, meaning the documents must be stamped and attested to by a Notary Public. In the event our request for documents is not completed by You to the Company's satisfaction, the Company will terminate the account and withhold any funds that are present therein. Any initial deposit funds in such account shall be returned within 7 business days of cancellation. Company reserves its discretion with respect to the refund of any Bonuses or winning funds provided to or gained by the player. Should the documents fail our internal security check (for example, if We suspect that the documents have been tampered with, or are in any way provided to mislead or misrepresent), Company shall be under no obligation to accept such documents as valid, and shall be under no obligation to provide feedback on the exact nature of our findings with regards to the documents.
4.3 You hereby explicitly consent to the Company performing background checks on any user for any reason, including, but not limited to, any investigation into the identity of the user, any credit checks performed on the member, or any inquiries into the member's personal history. The basis for such investigations will be dependent on the specific case, but could include, but is not limited to, verification of the user's registration details, such as the name, address and age, verification of the user's financial transactions, and verification of the user's gaming activity. The Company shall be under no obligation to advise the user of such an investigation taking place. Such activities may include the use of specific third party companies who perform the investigations as required. The Company may decide, in its sole discretion, to block a user's account, and withhold all funds, on the basis of such an investigation.
4.4 "Key employees" and other Company employees prohibited from wagering in any casino or simulcasting facility in New Jersey are prohibited from using the Services or creating an account with the Company.
4.5 All employees consultants, directors, officers, agents of Company and its affiliated entities shall comply with the Human Resources policies of the Company prior to any use of Services.
4.6 You have the right to set responsible gaming limits and to self exclude from the Services as detailed in the Responsible Gaming Policy.

5.Information Technology/Intellectual Property

5.3 The Company hereby grants You the non-exclusive, non-transferable, non-sub-licensable right to install and use the Software and all content derived from the Software, including, but not limited to, the copyright and all other intellectual property rights therein, in connection with the Services in accordance with this Agreement. You may install the Software on a hard disk or other storage device and may make back-up copies of the Software, provided that such back-up copies are used only by You in connection with the Services through a computer of which You are the principal user. The Software's code, structure and organization are protected by intellectual property rights. Without limiting the generality of the foregoing, You must not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivate works of the source code, or otherwise;  (b) sell, assign, sublicense, transfer, distribute, lease or grant a security interest in the Software;  (c) make the Software available to any third party through a computer network or otherwise;  (d) export the Software to any country (whether by physical or electronic means);  (e) collect, compile, aggregate, display, market, sell or otherwise distribute data or statistics obtained from the Services or Software;   or (f) use the Software in a manner prohibited by applicable laws, regulations and/or this Agreement (together the "Prohibited Activities") .
End User will be solely liable for any damages, costs or expenses arising out of or in connection with the commission of any Prohibited Activities. You shall notify the Company immediately upon becoming aware of the commission by any person of any of the Prohibited Activities and shall provide the Company with reasonable assistance with any investigations it may conduct in light of the information provided by You in this respect.
5.2 The brand names relating to the Website and Services including, but not limited to, "WORLD SERIES OF POKER", "WSOP", "www.Rubids.com", "Rubids.com" and any other trademarks, service marks, trade names, domain names and logos used by the Company are owned by the Company, its affiliated entities, or its licensors with respect to the Services regardless of the platform (hereinafter referred to as the "Trademarks") and the Company, its affiliated entities and licensors (as applicable) reserve all rights to such Trademarks. End User shall not use the Trademarks, or any confusingly similar marks except as expressly permitted herein.
5.3 In addition to the rights to its Trademarks, the Company or one of its affiliated entities and/or its licensors and/or its service providers own the rights in all other content including, but not limited to, the Software, games, images, pictures, graphics, photographs, animations, videos, music, audio and text available via the Software or on the Website or in connection with the Services (the "Site Content"). The Site Content is protected by copyright and/or other intellectual property rights. The End User shall not modify any of the Site Content and shall not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Site Content or information or work contained in the Software or on the Website or used in connection with the Services, except as expressly permitted herein.
5.4 You hereby acknowledge that by using the Services or the Software You obtain no rights in the Trademarks or the Site Content and You may only use the same in complete accordance with this Agreement.
5.5 You agree not to upload, post, email, transmit or otherwise make available through the Services or on the Website any material or information that infringes any copyright, trademark, trade secret, patent, right of privacy, right of publicity or other right of any person or entity, or impersonates any other person.
5.6 Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement: The Company respects the intellectual property rights of others and requires users of the Services and the Website to do the same. The Company may in its sole discretion immediately remove or disable any content or block or terminate the account of any user that is found to have infringed on the rights of the Company or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. The Company will, in appropriate circumstances, terminate the accounts of repeat infringers. If You believe any material available on the Website infringes upon a copyright, or otherwise violates your intellectual property rights, You should notify the Company's Copyright Agent by providing the following information:
- Identify the copyrighted work or other intellectual property that You claim has been infringed;
- Identify the material on the Website that may be an infringement with enough detail so that We may locate it on the Website;
- A statement by You indicating a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by You declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that You are the owner of the copyright interest involved or that You are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and Your physical or electronic signature.
- The Company's designated agent for notices of claims of copyright or other intellectual property infringement is:
Caesars Interactive Entertainment New Jersey, LLC Attn: Copyright Agent One Caesars Palace Drive Las Vegas, NV 89109 (702) 407-6300 (phone) (702) 407-6420 (fax) [email protected] (email)

6.Your Representations and Undertakings

In consideration of the rights granted to You to use the Services and the Software, You represent, warrant, covenant and agree that:

6.1 As the End User, You are Legally of Age, as defined in this Agreement, of sound mind and capable of taking responsibility for your own actions.
6.2 All details provided by You to the Company either during the registration process or at any time thereafter, including as part of any payment deposit transaction are true, current, correct, complete and match the full name(s) on the credit/debit card(s) or other payment accounts including payment via the automatic clearing house (ACH online check transfers) or commonly referred to as "E-Checks" to be used to deposit or receive funds in your account. You shall ensure that funds deposited into an interactive gaming account from a financial institution shall not be transferred out of the interactive gaming account to a different financial institution and ensure You have sufficient available funds prior to conducting any wagering activities. The Company does not extend credit to any player for any reason for wagering or playing or any related activities on the Website. You will promptly notify us of any changes to details previously provided by You to the Company. From time to time You may be requested to provide us with certain documents to verify the details of the credit card used by You to deposit money to your account. Depending on the outcome of these verification checks You may or may not be permitted to deposit further monies with the credit card previously used by You. Should any of the information that You provide to us be untrue, inaccurate, misleading or otherwise incomplete, You will be in breach of this Agreement and We reserve the right to terminate your account immediately and/or prevent You from using the Software or the Services, in addition to any other action that We may choose to take. You shall not transfer any funds to any other player or account holder.
6.3 As the End User, your account with the Company is solely for your benefit. You shall not allow anyone (including a relative) to use your account, password or identity to access or use the Services or the Software and You shall be fully responsible for any activities undertaken on your account by a third party. You will not reveal your account username or password to any person and You shall take all steps to ensure that such details are not revealed to any person. You shall inform us immediately if You suspect that your account is being used by a third party and/or any third party has access to your account username or password so that We may investigate such matter, and You will cooperate with us, as We may request, in the course of such investigation.
6.4 As the End User, You are responsible for the security of your username and password on your own computer and any device on which the Software is or may be accessible including an internet access location. If this username password combination is "hacked" from your computer, due to any virus or malware that may be present on the computer that You access your account with, this is your responsibility. You should report any possible hacking attempts or security breaches from your computer terminal immediately to the Company. It is the End User's responsibility to configure your client terminal's auto lock feature to protect your client terminal from unauthorised use.
6.5 As the End User, You have verified and determined that your use of the Services does not violate any laws or regulations of any jurisdiction. You fully understand the methods, rules and procedures of the Services and Internet Social Gaming in general. You understand that it is your responsibility to ensure the details of bets and games are correct. You will not commit any acts or display any conduct that damages the reputation of the Company.
6.6 As the End User, You are fully aware that there is a risk of losing money when Social Gaming by means of the Services and You are fully responsible for any such loss. You agree that your use of the Services is at your sole option, discretion and risk. In relation to any loss, You shall have no claims whatsoever against the Company or any company within the same group of companies as the Company or their respective directors, officers, employees, service providers, agents, or any affiliates of any of the foregoing.
6.7 As the End User, You acknowledge that by registering and using the Services You have to provide the Company with certain personal details about yourself (including details regarding your methods of payment). The Company shall handle all information provided by You diligently and shall not disclose such information to third parties except as provided for in the Privacy Policy. We urge You to read the Privacy Policy to ensure that You agree with our policies in relation to how your information is handled.
6.8 As the End User, You agree to use the Website, Services and Software in complete accordance with the terms and conditions of this Agreement and each of the Additional Rules, as amended from time to time, and shall abide by all rules and instructions for playing the games that comprise the Services.
6.9 You are solely responsible for all taxes and tax reporting to any relevant governmental, taxation or other authority on any winnings paid to You by the Company or any other related or affiliated entity, subject to applicable local, state and/or federal tax regulations.
6.10 As the End User, You are solely responsible for any telecommunication network and Internet access services and costs, other consents and permissions required in connection with your use of the Software and the Services. In case of any disconnection or interference with the connection or any alteration to your system made by You, the Company may not guarantee that the Software shall recall your exact status prior to the disconnection event.
6.11 As the End User, You shall use the Services and the Software only in good faith towards both the Company and the other players using the Services. In the event that the Company deems You have been using the Services or the Software in violation of any applicable law and/or to cause direct or indirect harm or injury to the Company or any user of the Services, the Company shall have the right, subject to any applicable law, to terminate your account with the Services and any other accounts You may hold with the Company and the Company shall be entitled to retain all monies therein. You hereby expressly waive any future claims against the Company in such regard, subject to any applicable laws.
6.12 As the End User, You acknowledge that certain games, which are included in the Services, are offered or may be offered upon Company's sole discretion to You on a "shared table basis" which enables the Company to bring together users of the Services via the Website and other Social Gaming Services operated by the Company. You agree that, at the Company's sole discretion, You may be pooled into these shared tables and that, to the extent that You breach this Agreement, the Company shall have the right to block You from playing on any "shared table".
6.13 As the End User, You acknowledge and agree that should You choose to self-exclude, as provided for by regulation, from the Services operated by the Company or its affiliates, You shall not be permitted to open or use a new account with any other website operated by the Company or use the Services during your selected self-exclusion period, until such self-exclusion has been lifted and the original account reopened. In the event You are in breach of the foregoing, the Company will block any new account You open with another website operated by the Company, refund any funds You may deposit (or have previously deposited) therein, and shall not be liable to refund You any funds You may have wagered or won through such account.
6.14 You hereby grant the Company and/or the NJDGE your consent to monitor and record your wagering communications and geographic location information at all times and You shall have no claims against the Company in such regard.

7.Prohibited Uses of the Sites and Services

7.1 Illegal Funds and Unlawful Activities: As the End User, You declare that the source of funds used by You for Social Gaming on the Website is not illegal and that You will not use the Services in any way as a money transfer system. You will not use the Services for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under U.S Federal laws and/or the laws of the State of New Jersey, the Regulations of the NJDGE and/or any directives or instructions of the NJDGE. If the Company has a suspicion that You may be engaging in or have engaged in fraudulent, unlawful or improper activity including, without limitation, money laundering activities, or conduct otherwise in violation of this Agreement, your access to the Services may be terminated immediately and/or your account blocked. If your account is terminated or blocked in such circumstances, the Company is under no obligation to refund You any funds that may be in your account, subject to approval of the NJDGE. In addition to terminating your access to the Services and/or blocking your account, the Company reserves the right to prevent You from accessing any of the Company's other websites or servers, or accessing any other services offered by the Company. The Company shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions (together "Interested Third Parties") of your identity and of any suspected unlawful, fraudulent or improper activity. Furthermore, You may be placed on the NJDGE's exclusion list. As the End User, You agree to cooperate fully with the Company to investigate any such activity.
7.2 Circumvention: We have developed and employ sophisticated proprietary technology intended to seek out and identify users making fraudulent or unlawful use of the Services or Software. You shall not break into, access or attempt to break into or access or otherwise circumvent the Company's security measures. If the Company believes, in its sole discretion, that You are in breach of this clause, the Company may terminate your access to the Services immediately and/or have your account terminated or blocked, pending investigation, and/or notify the proper authorities of the suspected activity, which may result in the closure of all your accounts, and You being barred from future use of the Services. The Company reserves the right to inform Interested Third Parties of your breach. If your account is terminated or blocked in such circumstances, the Company is under no obligation to refund You any of the funds that may be in your account, with such funds being forfeited, subject to NJDGE approval. In addition to terminating your access to the Services and/or blocking your account, the Company reserves the right to prevent You from accessing any of the Company's other websites or servers, or accessing any other properties or services offered by the Company.
7.3 Artificial Intelligence - Robots: The use of any automated tool designed to provide assistance in betting decisions, to exchange the opponents' hand histories or used in any way in connection with your use of the Services is strictly prohibited. Therefore, the use of software, external devices, programs or applications is strictly prohibited. You are not allowed to use any software program which, in our opinion, is endowed with artificial intelligence (hereinafter referred to as "AI Software") in connection with your use of the Services. We constantly review the use of the Services in order to detect the use of AI Software and in the event that We deem it has been used, Company reserves the right to take any action We deem fit, including immediately blocking access to the Services to the offending user and terminating such user's account. If your account is terminated or blocked in such circumstances, the Company is under no obligation to refund You any of the funds that may be in your account, with such funds being forfeited, subject to NJDGE approval. In addition to terminating your access to the Services and/or blocking your account, the Company reserves the right to prevent You from accessing any of the Company's other websites or servers, or accessing any other properties or services offered by the Company.
7.4 Intentional Disconnection: You may not intentionally disconnect from a game while playing on the Website. If, in the Company's sole discretion, You are in breach of this clause, the Company may terminate your access to the Services immediately and/or have your account blocked. The Company shall be under no obligation to refund You any monies that may be in your account, with such funds being forfeited, subject to NJDGE approval. In addition to terminating your access to the Services and/or blocking your account, the Company reserves the right to prevent You from accessing any of the Company's other websites or servers, or accessing any other properties or services offered by the Company.
7.5 If We have reason to suspect that an account or group of accounts are operating systematically - for example employing specific wagering techniques or wagering as a group, the Company shall have the right to block or terminate all accounts and in such circumstances, the Company shall be under no obligation to refund You any funds that may be in your account, with such funds being forfeited, subject to NJDGE approval.

8.Your Account

Membership in the Rubids program is free: there is no charge to be a Member or to earn and receive Cash Back. If your account is inactive for more than twelve (12) consecutive months, Rubids reserves the right to debit your Rubids account balance two dollars ($2.00) per month to recover the cost of account maintenance until (i) you reactivate your account by starting a shopping session via Rubids.com or Rubids' Applications, completing a qualifying purchase, or updating your account information (providing a valid name, email and mailing address), or (ii) your account balance is zero. If the balance in your inactive account is or becomes zero, Rubids will close the account permanently and cease to maintain your account records and Program access. The inactive account maintenance charge will not cause your account balance to become negative and will not cause you to owe money to Rubids.

Registering

You may register only once with Rubids, and You must provide a postal address where You reside (P.O. boxes or similar arrangements are not permitted). You agree not to have more than one account. You must not provide misleading information when registering. You may not collude to exchange information with other Rubids users. Your chosen username must not be offensive, rude, disparaging, or intended to deceive or delude other Rubids users. Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party.

If Rubids receives information that Your username is illegal or in breach of these Terms & Conditions as evaluated in Rubids' sole discretion, Your user account may be frozen until You change the username. Rubids also may permanently close Your account without prior notice to You for violating these Terms & Conditions.

You are responsible for keeping Your user account password confidential. Rubids will never ask for Your password except during login. You should never provide Your password to anyone, including Rubids' employees. User accounts are non-transferable. Only You may use Your user account. You agree to be liable for all offensive or unlawful activities that are undertaken using Your user account.

Referrals

You may refer friends to Rubids using the referral form on the Rubids website. Rubids offers free bids to any user who refers new users who purchase a Bid Pack. Rubids reserves the right to review each referral for possible fraud. You may not refer family members or persons located in Your household. Any abuse of the referral system may result in the deduction of fraudulent bids awarded and/or the termination of Your account in Rubids' sole discretion.

Account Termination

Rubids reserves the right to temporarily or permanently terminate Your account at Rubids sole discretion if it determines or suspects You have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to, the use of unauthorized third-party bidding or bid tracking software, the creation of multiple accounts by the same individual or other fraudulent account activity or behavior. You agree that if Rubids, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, Rubids may withhold, cancel, or otherwise retain any and all of Your pending deliveries and/or refunds for bids.

You must be logged into Rubids and enter your password to change your account information and payment preferences. You may check your account status and recent earning history at any time via the My Rubids tab on the Rubids Website. For security purposes, it is recommended that you memorize your password and not write it down. You are responsible for keeping your password and other account information confidential. Rubids is entitled to act on instructions received under your password and is not responsible for any credits or debits made to your account by someone else who uses your password.

8.1 Your account is for your sole personal use only and shall not be used for any professional, business or commercial purpose.
8.2 Company shall not be responsible for any third party access to your account. Under no circumstances shall the Company be liable for any losses incurred by You as a result of misuse of your password by any person or for any unauthorized access to your account. All transactions where your username and password have been entered correctly will be regarded as valid whether or not authorized by You.
8.3 Monies held in your account shall not gain any monetary interest.
8.4 If You do not 'log on' to your account by either inserting your account name and password or directly through a link sent by the Company for any period of twelve consecutive months, your Account will be considered a "dormant account." Pursuant to New Jersey gaming regulations, once an account falls into "dormant account" status, any funds remaining on deposit and any pending wagers shall be forfeited in accordance with applicable law.
8.5 We reserve the right to limit or refuse any bet, stake or other wager made by You or through your account.
8.6 You may not sell or attempt to sell or otherwise transfer any chips, bonuses or any other related items to any other individual or entity. If Company finds evidence of such a sale or attempt sale, Company may terminate your account. If your account is terminated or blocked in such circumstances, the Company is under no obligation to refund You all the funds that may be in your account, with such funds being forfeited, subject to NJDGE approval.

9.Payment Transactions and Payment Fraud

9.1 Each user of the Service is fully responsible for paying all monies owed to the Company. You agree that You will not make or attempt to make any charge-backs, and/or deny or reverse any payment that You have made and You will reimburse the Company for any charge-backs, denial or reversal of payments You make and any loss suffered by the Company as a consequence thereof. The Company may, at its sole discretion, cease to provide the Services or withhold payment to certain users or to users paying with certain credit cards.
9.2 Company reserves the right to use third party electronic payment processors and/or financial institutions to process payments made by and to You in connection with your use of the Services. To the extent that they do not conflict with the terms of this Agreement, You agree to be bound by the terms and conditions of such third party electronic payment processors and/or financial institutions.
9.3 In the case of suspected or fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any charge-back or other reversal of a payment or dispute or fraud relating to ACH/e-checks), Company reserves the right to block a user's account, reverse any pay-out made and recover any winnings. Company shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity, and may employ collection services to recover payments. However, under no circumstances shall the Company be liable for any unauthorized use of credit cards, irrespective of whether or not the credit cards were reported stolen.
9.4 All payments into your account must be from a single payment source, such as a credit card, debit card, charge card or ACH/e-check on which You are a named account holder.
9.5 Acceptance of the Win / Payment After an auction has ended, You must actively confirm and pay the total price for the won auction. Once You have clicked on the confirmation button the win is accepted. If an auction win has not been confirmed and paid within three (3) days of the auction end date, Rubids may withdraw the offer to conclude the order and permanently revoke the winner's right to pay for and receive delivery of an item. If Rubids does this, all bids placed in that auction will be deemed expired and will be non-refundable. After confirming the win and paying the total amount due, the winner will receive a confirmation e-mail. The item will not be sent to You until the total price has been paid to Rubids. An invoice containing the auction price and shipping costs will be sent to You by Rubids once delivery has been arranged.
With respect to items sold by Rubids, we cannot confirm the price of an item until You order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Rubids is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify You of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

10.Bonuses

10.1 All promotions, bonuses or special offers are subject to the Company's Bonus Policy published on the Website and promotion-specific terms and conditions if applicable, and any bonus credited to your account must be used in adherence with such terms and conditions. We reserve the right to withdraw any promotion, bonus or special offer at any time.
10.2 In the event that the Company believes a user of the Service is abusing or attempting to abuse a bonus or other promotion, or is likely to benefit through abuse or lack of good faith from a Social Gaming policy adopted by the Company, then the Company may, at its sole discretion, deny, withhold or withdraw from any user any bonus or promotion, or rescind any policy with respect to that user, either temporarily or permanently, or terminate that user's access to the Services and/or block that user's account.
10.3 The opening of multiple accounts on the Website or on any other sites owned and/or operated by the Company in bad faith shall be considered an abusive behavior.
10.4 In the event that the Company deems in its sole discretion that You have been taking unfair advantage of the Company's bonuses or have executed any other act in bad faith in relation to a bonus promotion offered on the Website or on any other sites owned and/or operated by the Company, the Company shall have the right to block or terminate your accounts with the Company and in such circumstances, the Company shall be under no obligation to refund You any bonus funds or winnings that may be in your accounts according to applicable regulation.

11.Obligations of the Company

Rubids does not sell or rent your information to third parties. Rubids requires your name and address in order to send you payment of Cash Back and other rewards earned through Rubids. Any other information gathered by Rubids will be used only to improve your Rubids experience, for example by minimizing the irrelevant content or offers you see and increasing the offers you see from your favorite stores. Such information might include your favorite stores, preferred types of coupons or shopping categories. As detailed in Rubids' Privacy Policy, Rubids does not disclose your information to third parties except as necessary (i) for Rubids' agents and service providers to make Rubids' payments to you; (ii) to comply with government agency or court orders or requests; (iii) in providing aggregated or non-personalized marketing services for advertising or store partners; or (iv) for Rubids' agents and service providers to send Rubids' communications to you.

11.1 The Company has no obligation to check whether users are using the Services in accordance with this Agreement or the Additional Rules, as updated from time to time.
11.2 Company may investigate or pursue complaints made by a player against any other player using the Services and may take any action in connection therewith, or take any action against a player for any reason, including without limitation for violating the terms of this Agreement. The Company may, at its sole discretion, decide to take appropriate action against any person it suspects of engaging in any unlawful behavior or otherwise violating the terms of this Agreement, but is under no obligation to do so.
11.3 The Company has no obligation to maintain account names or passwords. If You misplace, forget or lose your account name or password because of anything other than the Company's error, the Company shall not be liable.

The Company shall handle all personal information provided by You strictly in accordance with our Privacy Policy.

12.Dispute Resolution

BY AGREEING TO THESE TERMS & CONDITIONS, YOU AND RUBIDS EACH WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. FURTHER, YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION RELATING IN ANY WAY TO YOUR USE OF RUBIDS, INCLUDING YOUR USE PRIOR TO AGREEING TO THESE TERMS & CONDITIONS, OR TO ANY PRODUCTS SOLD BY RUBIDS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY.

You agree that any and all claims, disputes, and causes of action between You and Rubids, including those relating to Your use of the Rubids website or these Terms & Conditions (each a "Dispute" and collectively, "Disputes"), shall be resolved as set forth in this section. Before initiating any formal Dispute resolution proceedings, You agree to negotiate with Rubids regarding any Disputes in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. You may initiate these negotiations by sending a notice of the Dispute (the "Notice of Dispute") to Rubids in a manner specified in the "Notices" section below. If Rubids and You do not reach an agreement regarding a Dispute within 30 days following Rubids' receipt of the Notice of Dispute, Rubids and You agree to submit such Dispute to binding arbitration, on an individual basis, under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the "AAA rules"). The AAA rules are available online at adr.org. The proceedings shall be governed by the Federal Arbitration Act, and the award shall be final and binding, may be enforced in any court of competent jurisdiction, and shall not be subject to appeal.

During the arbitration, the amount of any settlement offer made by Rubids or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or Rubids is entitled.

Rubids will pay the arbitration filing fee for Disputes involving less than $75,000, unless the arbitrator determines the claims are frivolous. If the arbitrator finds that Your claim is frivolous or brought for an improper purpose then the payment of all fees will be governed by the AAA rules. In such case, You agree to reimburse Rubids for all monies previously disbursed by Rubids that are otherwise Your obligation to pay under the AAA rules. In addition, if You initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules. For claims totaling less than $10,000, You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. Unless Rubids and You agree otherwise, any arbitration hearings will take place in the county where you live. Except as otherwise provided for herein, Rubids will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above.

In the event of a finding in Your favor, Rubids agrees to pay Your attorney, if any, and reimburse any expenses, including expert witness fees and costs that Your attorney reasonably accrues for investigating, preparing, and pursuing Your claim in arbitration. If the arbitrator issues You an award that is greater than the value of Rubids' last written settlement offer made before an arbitrator was selected then Rubids will pay You the greater of the award or $10,000 and pay Your attorney twice the amount of attorney's fees and reimburse any reasonable expenses incurred by Your attorney related to Your representation. This right to attorneys' fees and expenses supplements any right to attorneys' fees and expenses You may have under applicable law. Thus, if You would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding You that amount. However, You may not recover duplicative awards of attorneys' fees or costs. Although under some laws Rubids may have a right to an award of attorneys' fees and expenses if it prevails in arbitration, Rubids agrees that it will not seek such an award.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and Rubids agree that each may bring claims against the other only in Your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both You and Rubids agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Notwithstanding any provision in this Agreement to the contrary, we agree that if Rubids makes any future change to this arbitration provision (other than a change to the Address provided in the "Notices" section below) You may reject any such change by sending us written notice within 30 days of the change to the Address provided in the "Notices" section below. By rejecting any future change, You are agreeing that You will arbitrate any dispute between us in accordance with the language of this provision.

12.1 Dispute Resolution Mechanism Between Players

12.1.1 In case of any dispute raised between users and related directly to the Services, the Company shall make reasonable efforts to assist the users for the sake of reaching a quick and amicable solution; such discussions shall not be public and shall be conducted privately. The users shall promptly attempt to resolve through good faith discussions any dispute or disagreement between them relating to their use of the Services, each of the users may escalate the dispute or disagreement, first to the customer support team; if the customer support team fails to reach an understanding within 7 days of the matter being referred to the customer support team, the matter may be escalated to their managers.
12.1.2 If the dispute is not resolved according to the process described above, Company at its sole discretion may refer the dispute to arbitration in accordance with this Agreement but will not initiate such proceedings for the resolution of the dispute until the earlier of: (a) the customer support team managers joint written conclusion that amicable resolution through continued negotiation is unlikely; or (b) 30 days after the matter was escalated to the managers.
12.1.3 Dispute Resolution. Subject to the escalation process set forth above, any dispute under this Agreement shall be referred to and resolved in accordance with following provisions:
1. Company, in its sole discretion, may apply to courts having jurisdiction in the matter to obtain an injunction to prevent disclosure of its confidential information.
2. In relation to any and all disputes between users, You accept and agree that a random number generator will determine the randomly generated events required in connection with the Services and where the result shown on the Software (as installed and operated by your hardware) conflicts with the result shown on our server, the result shown on our server shall in all circumstances take precedence. You understand and agree that the Company records shall be the final authority in determining the terms of your use of the Services and the Company is not required to consider any dispute You may have with regard to the Company's decisions in such matters. This provision does not prejudice any rights or remedies You may have at law or in equity.
The proceedings contemplated by this section shall be as confidential and private as permitted by law. To that end, the parties shall not disclose the existence, content or results of any proceeding conducted in accordance with this section, and materials submitted in connection with such proceedings shall not be admissible in any other proceeding, provided, however, that this confidentiality provision shall not prevent a petition to vacate or enforce an award, and shall not bar disclosures required by law.
12.1.4 This provision does not prejudice any rights or remedies You may have at law or in equity. You hereby consent to the jurisdiction of the State of New Jersey to resolve any disputes arising out of the Social Gaming Services in such case the hearing shall become public.

12.2 Disputes With The Company

In relation to any and all disputes between users and the Company, You accept and agree that random number generator will determine the randomly generated events required in connection with the Services and where the result shown on the Software (as installed and operated by your hardware) conflicts with the result shown on our server, the result shown on our server shall in all circumstances take precedence. You understand and agree that (without prejudice to your other rights and remedies) the Company records shall be the final authority in determining the terms of your use of the Services and you shall have no right to dispute the Company's decisions in regard to such matters.

12.3 All Disputes

12.3.1 All claims or disputes should be raised with the customer service department at [email protected] in a timely manner to allow the Company to promptly respond to the user.
12.3.2 In the event that You have exhausted all reasonable means in resolving a complaint which You may have in relation to the Services, You may utilize the NJDGE's Internet Dispute Form which may be found on the NJDGE website: http://www.nj.gov/oag/ge/index.html
12.3.2 You hereby consent to the jurisdiction of the State of New Jersey to resolve any disputes arising out of the Social Gaming Services or use of the Website.

13.NO WARRANTY

13.1 THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS". THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE) INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY OF THE SERVICES OR THE SOFTWARE OR INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SOFTWARE LIES WITH YOU.
13.2 THE COMPANY MAKES NO WARRANTY THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICES.
13.3 A MALFUNCTION VOIDS ALL PAYS. IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS OR MALFUNCTIONS, BUGS OR VIRUSES RELATING TO ACCOUNT SETTLEMENT OR OTHER ELEMENTS OF THE SERVICES OR RESULTING IN LOSS OF DATA OR WINNINGS OR BONUSES OR ANYTHING ANALGOUS THERETO BY YOU OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE, THE COMPANY SHALL IN NO WAY BE LIABLE TO YOU AND THE COMPANY SHALL VOID ALL GAMES IN QUESTION AND PAYMENTS IN RELATION THERETO AND MAY TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS EXCEPT THAT THE COMPANY IS NOT REQUIRED TO PROVIDE ANY BACK UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES.
13.4 THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE SITE.

14.Limitations of Liability

End User acknowledges and agrees that:

14.1 You are free to choose whether to use the Services and do so at your sole option, discretion and risk.
14.2 Neither the Company, its affiliated companies or any third party service provider (the "Affiliates") or its third party licensors shall be liable to You or any third party in contract, tort, negligence, or otherwise for any loss or damage whatsoever arising from or in any way connected with your use or any third party's use of the Software or the Services, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits (including loss of or failure to receive anticipated winnings), business interruption, loss of business information, or any other pecuniary or consequential loss (even where We have been notified by You of the possibility of such loss or damage).
14.3 Neither the Company nor its Affiliates or its third party licensors shall be liable in contract, tort, negligence, or otherwise for any loss or damage whatsoever arising from or in any way connected with your use of any link contained on the Website or otherwise via the Services. The Company, its Affiliates and its third party licensors are not responsible for the content contained on any Internet site linked to or from the Website or otherwise via the Services.
14.4 The Company, its Affiliates and its third party licensors shall not be liable to You or any third party for any modification to, suspension of or discontinuance of the Software or the Services.
14.5 In the event that the Software or Services fails to operate correctly as a result of, but not limited to, any delay or interruption in operation or transmission, any loss or corruption of data or communication or lines failure, any person's misuse of the Website, Services, or their respective content, or any error or omission in content or any other factors beyond our control:
- (a) the Company, its Affiliates and its third party licensors will not be responsible for any loss, including loss of winnings, that may result from the circumstances detailed in the paragraph above;
- (b) if any such errors result in an increase in winnings owed or paid to You, You shall not be entitled to the winnings falling within such increase. You shall immediately inform the Company of the error and shall repay any winnings credited to your account in error to the Company (as directed by the Company) or the Company may, in its discretion, deduct an amount equal to those winnings from your account or set off such amount against any money owed to You by the Company, as permitted under New Jersey gaming regulations.
14.6 Nothing in this Agreement will operate so as to exclude any liability of the Company for fraud, death or personal injury that is caused by the Company's negligence.

15.Breach of Terms and Conditions

15.1 As the End User, You agree to fully indemnify, defend and hold the Company, Affiliates, third party service providers and licensors and their respective companies, and their respective officers, directors and employees harmless immediately on demand from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
- any breach of this Agreement by You;
- any violation by You of any law or the rights of any third party;
- any use by You of the Services or Software or use by any other person accessing the Services or Software using your user identification, whether or not with your authorization; or
- any acceptance of any winnings.
15.2 In addition to any other remedy available to the Company, as the End User, if You breach any of the terms and conditions of this Agreement and any Additional Terms or the Company has reasonable grounds for suspecting that You have breached the terms and conditions of this Agreement, and any Additional Terms, your winnings may be forfeited at the discretion of the Company and the Company may retain any positive balance then existing in your account on account of any damages or other amounts owed by You to the Company pending investigation and/or the conclusion of any legal proceedings. Failure to comply with this Agreement may also result in disqualification, account closure and/or legal action being taken against You.

16.Duration and Termination

16.1 This Agreement shall be in full force and effect immediately upon your completion of the registration process and valid download of the Software with the Company and shall continue in full force and effect unless and until terminated in accordance with its terms.
We may terminate this Agreement and your account (including your username and password) immediately without notice:
- in the event, for any reason the Company decides to discontinue to provide the Services in general or specifically to You;  
- in the event Company believes that You have breached any of the terms of this Agreement;  
- in the event your use of the Services has been in any way improper or breaches the spirit of this Agreement;  
- in the event your account is associated in any way with any existing account that has been terminated. If your account is associated with, or related to, existing blocked accounts, We may terminate your account, irrespective of the nature of this relationship, and the registration details provided on said accounts;  
- upon instruction of the appropriate law enforcement agency or regulatory body; or
- for any other reason Company may determine.
Unless otherwise provided herein, or as required by law or regulation, on termination of this Agreement any balance in your account will be returned to You within a reasonable time of your request, subject to Company's right to deduct any amounts owed by You to Company.
16.2 As the End User, You may terminate this Agreement and your account (including your username and password) at any time by sending an email to us at [email protected], such termination is to take effect upon the Company terminating your account (including username and password), which shall occur within 7 calendar days after receipt by the Company of your email, provided that You shall remain responsible for any activity on your account between sending us an email and the termination of your account by the Company.
16.4 On termination of this Agreement You shall:
- discontinue the use of the Software and the Services;
- pay all amounts due and owing to the Company; and  
- remove and permanently delete the Software from your computer equipment and/or mobile device and destroy all related documentation in your possession, custody, power or control.
16.5 The right to terminate this Agreement given by this clause shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
16.6 Upon the termination of this Agreement for any reason, except as otherwise provided in this Agreement and subject to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other party under this Agreement.
In the event of our termination of this Agreement on account of your breach of this Agreement (including the Additional Rules) the Company is under no obligation to refund You all the funds that may be in your account, with such funds being forfeited, subject to NJDGE approval. In addition to terminating your access to the Services and/or blocking your account, the Company reserves the right to prevent You from accessing any of the Company's other websites or servers, or accessing any other properties or services offered by the Company and You shall have no claims against the Company in such regard.
16.7 If You have chosen to close your account - for example, if You have self-excluded yourself from any of our Services, it is your obligation to abide by this restriction for the duration of the set period. If You open new accounts, while under a period of self-exclusion or cooling off, from any of the brands operated under the Company's umbrella, Company shall close all accounts as soon as detected. Company is not obligated to refund to You any funds You may have wagered or won through such accounts, subject to New Jersey gaming regulations.
16.8 If You have previously self-excluded under our responsible gaming program at any of our casinos or on-line Social Gaming sites or under any state-sponsored program, it is your responsibility to refrain from opening new accounts during the period of such exclusion. Responsible gaming exclusions apply to all Company owned, managed, or operated properties or Social Gaming sites. While Company will take reasonable steps to deny access, it is not obligating itself to prevent access. It is your obligation to refrain from opening new accounts in any of the brands operated by the Company. If You do open any new accounts, We will close all accounts as soon as detected. Company shall not be obligated to refund You any funds You may have wagered or won through such account.

17.General

17.1 If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
17.2 No waiver by us of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement.
17.3 Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties.
17.4 Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between You and us.
17.5 This Agreement, together with the Privacy Policy and the Additional Rules contain the entire agreement between the Company and You, relating to your use of the Software and the Services and supersedes any and all prior agreements between the Company and You in relation to the same. You confirm that, in agreeing to accept this Agreement, You have not relied on any representations other than this Agreement, the Company's Privacy Policy and the Additional Rules.
17.6 The Company reserves the right to transfer, assign, sublicense or pledge this Agreement, in whole or in part, in the event of a reorganization of the corporate group in which the Company exists or in the event of a merger, sale of assets or other similar corporate transaction in which the Company may be involved in.
17.7 As the End User, You agree to not transfer, assign, sublicense or pledge in any manner whatsoever any of your rights or obligations under this Agreement.
17.8 Nothing in this Agreement shall be construed so as to grant You any security interest whatsoever over the assets of the Company, including for the avoidance of doubt on any amounts standing to the credit of your account.
17.9 Pursuant to State and/or Federal law, You may be required to complete certain tax forms before winnings that exceed a taxable threshold can be released to you. By using the Services, you agree to comply in full with all applicable tax laws, and hereby release Company from any liability associated with your compliance therewith.
17.10 System Outage / Temporarily Paused Auctions
A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily paused and the remaining time for the auctions, the current bidding price, and the current highest bidder will be recorded. After the disruption has been resolved, the auctions will be continued and ten minutes will be added to the remaining times for the auctions. Temporarily paused auctions are clearly indicated. Bids placed on a temporarily paused auctions will be credited back to Your account; however, Rubids is not responsible for any other costs incurred by You due to a system outage. Rubids reserves the right to cancel auctions that end due to system error, bot bidders, employee bidders, technical problems, or any other reasonable reason. With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. Rubids, therefore, provides no guarantee for the constant and uninterrupted availability of the website and other technical systems. Rubids shall not be liable for any damage incurred by auction users or third parties from using Rubids' services. In particular, Rubids shall not be liable for damage that occurs due to bids not being received by Rubids, not being received promptly, or not being considered as a consequence of technical errors.

18.New Jersey Regulations

Notwithstanding anything contained herein, the Services are provided in accordance with the New Jersey Casino Control Act, N.J.S.A. 5:12-1 et seq. and the Regulations of the NJDGE, N.J.A.C. 13:69-1.1 et seq. and the Company's Internal Controls.

19.Chat Feature

As part of your use of the Services the Company may provide You with a chat facility feature which You will be able to communicate with other users of the Service. The Company reserves the right to review the chat and to keep a record of all statements made on such facility. Your use of the chat facility is subject to the following rules:

PLEASE NOTE: When using the chat facility any personally identifiable information that You submit, can be read, collected, or used by other users of the same chat facility and could be used by third parties to send You unsolicited messages. The Company is not and shall not be responsible for the personally identifiable information that You choose to submit via the chat facility.

19.1 End User shall not make any statements that are sexually explicit or offensive, including expressions of bigotry, racism, hatred or profanity.
19.2 End User shall not make statements that are abusive, defamatory, harassing or insulting to other users of the Service.
19.3 End User shall not make statements that advertise, promote or otherwise relate to any other online entities.
19.4 End User shall not make statements about the Company and/or its service providers or the Website or any other Internet site connected to the Company and/or its service providers that are untrue and/or malicious and/or damaging to the Company and/or its service providers, the Website, or any other Internet site affiliated with the Company and/or its service providers.
19.5 End User shall not make upload, post, email, transmit or otherwise make available through the Service or on the Website any material or information that infringes any copyright, trademark, trade secret, patent, right of privacy, right of publicity or other right of any person or entity, or impersonates any other person.
19.6 Company is fully aware that English may not be the first language of some of our players. However, at this current time, our policy upholds that this is the only language permitted in our chat application.
19.7 In the event of your breaching any of the above provisions relating to the chat facility, the Company shall have the right to remove your chat privilege or even temporarily or permanently terminate your account. Upon such termination the Company shall refund You any funds which may be in your account over and above any amount which You may be owing to the Company at such time (if any).

20.Customer Service Department and Special Promotions

20.1 For service quality assurance, calls made by You to the customer service department may be recorded.
20.2 You hereby expressly consent to the Company using the contact details provided by You on registration to occasionally contact You directly in relation to your use of the Services or any other products or services offered by the Company, its partners or affiliates from time to time.
20.3 The Company will not tolerate any abusive behavior exhibited by users of the Service to the Company's or its service provider's employees. In the event that the Company, in its sole discretion, deems that your behavior, via telephone, live chat, email or otherwise, has been abusive or derogatory towards any of the Company's or its service provider's employees, the Company shall have the right to block or terminate your account with the Company.
20.4 The Company may, from time to time, offer You special promotions. These promotions may be communicated to You by various means, including but not limited to
(i) email, (ii) telephone, (iii) SMS text message, and (iv) additional windows opening from within the Software.
Promotions begin at 12:01am and end at 11:59 pm Eastern on specified dates, unless stated otherwise in the promotion's Terms & Conditions.
20.5 Company shall provide You with an opt-out option in relation to various types of marketing communications from the Company and should You choose to opt-out from communications, the Company shall respect your wishes in such regard.
20.6 Returns / Cancellations Rubids allows customers the right to cancel or return an order in accordance with Rubids Returns Policy, which Rubids may change from time to time in Rubids sole discretion. If You cancel an order before it is processed, You will be entitled to a refund of the transaction amount (including shipping costs if no items have been shipped) You have paid even if the goods are not defective in any way. Bids placed on the auction are not eligible for a refund.

Some exceptions may apply. If an exception does apply, it will be noted on the product page. Exclusions include Free Bids, Coupons, and Voucher Bids. If You are found to be in bad standing due to fraudulent behavior, excessive refund requests, or other such behavior, You are deemed to be in breach of the Terms & Conditions and will not be eligible for a refund.

If You wish to return or cancel an order, please contact us at [email protected].

In order to complete a return, You must return the received product or products in new condition. Shipping expenses for returns will be paid by You unless the reason for the return is Rubids’ error. Rubids will not accept a return if You are unable to return the product received or are only able to return it in part or in a damaged or used condition. Rubids reserves the right, in its sole discretion, to charge a restocking fee equal to 10% of the value of the item.

Should Rubids incur additional costs for insufficient postage on the return, these costs will be deducted from the refund amount Rubids will remit to You.

Should Rubids not be able to deliver the product ordered or the product won for any reason, You will have the option to accept an alternative but comparable item, as determined by Rubids in its sole discretion, or receive a refund of the transaction amount paid (including shipping costs, if any). Any bids used in that specific auction will also be credited back to your account.

Delivery

Deliveries are made exclusively to the 50 states of the United States and Washington D.C.. Some restrictions or higher shipping costs may apply to deliveries to Alaska and Hawaii. Unless otherwise stated, delivery will be made directly from our supplier or from our warehouse to the address provided by You. Delivery times vary; therefore, any time provided is only a guide. Rubids shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport must be reported to Rubids upon receipt.

Rubids reserves the right, in its sole discretion, to refuse shipment to outlying islands and territories. If You are a resident of an outlying island or territory and Rubids determines Your purchases cannot be shipped, Rubids will refund the purchase price of the items, including bids placed on those items.

Withholding Payment / Retention of Title

You agree that the item delivered shall remain Rubids' property until Rubids receives payment in full, including shipping costs and bids used in the auction.

Disclaimer of Warranty and Liability Regarding Use of Rubids

You agree that use of Rubids is at Your sole risk. Neither Rubids nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by Rubids, or the like, warrant that websites affiliated with Rubids, including, but not limited to, Rubids, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products, and services published on Rubids may contain inaccuracies or typographical errors. Rubids makes no warranty as to the results that may be obtained from the use of Rubids or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Rubids. Rubids shall not be responsible for any opinions, views, advice, or statements posted on Rubids (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized Rubids spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not authorized Rubids spokespersons. At no time should the opinions, views, advice, or statements provided by advertisers, content providers, users, guests, independent writers, or experts be relied upon for important personal decisions without independent verification.

YOUR USE OF RUBIDS IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY RUBIDS LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, RUBIDS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

RUBIDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF RUBIDS, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF RUBIDS, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, RUBIDS DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT RUBIDS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM RUBIDS OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT RUBIDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH RUBIDS.

THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM ASSEMBLY, USE OR MISUSE OF OR RELIANCE ON RUBIDS SERVICES OR ITEMS PURCHASED THROUGH RUBIDS, FROM INABILITY TO USE RUBIDS' SERVICES OR ITEMS PURCHASED THROUGH RUBIDS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF RUBIDS' SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

If You are dissatisfied with any portion of Rubids, You should discontinue Your use of Rubids.

Disclaimer of Warranty and Liability Regarding Purchases from Rubids
Rubids hereby disclaims any and all liability from claims arising from trip packages offered on the Rubids site. Rubids will not be liable for any damages or injuries, whether physical or emotional, that occur or are received during a trip purchased on the Rubids site. Rubids is not liable for flight delays, loss of baggage, or other losses that occur during a trip offered on the Rubids site.

All new products are sold with the manufacturer's limited warranty only. Rubids warrants solely that the products sold to You under these terms shall have the characteristics specified in Rubids' specifications for such products as set forth in the description of each auction and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request to Rubids. Warranty is excluded for the delivery of any used products.

EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, RUBIDS MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY RUBIDS OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU AGREE THAT RUBIDS SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY RUBIDS. IN NO EVENT SHALL RUBIDS BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.

Indemnity

You agree to indemnify, defend, and hold Rubids and its members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the "Indemnified Persons") harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys' fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (i) Your use of Rubids or any of the services offered by Rubids, (ii) any violation of these Terms & Conditions by You or any person acting in collusion with You, (iii) any violation of applicable law or court order by You, and (iv) any negligence or willful misconduct by You.

21.Uninstall and Shortcut Additions

If You are using the download form of the Software and wish to have it uninstalled You will be able to do so via the Add/Remove Programs on your computer.

Please note that upon installation of the Software the following shortcuts shall be added to your computer's desktop:

If You choose to uninstall the Software certain registration keys will remain on your computer in order to maintain responsible gaming rules, monitor fraud attempts, and comply with any applicable regulation.

Quick launch shortcut.
Desktop icon.
Client link from the Start Menu.
Brand folder with client and uninstall link from the Programs option on the Start Menu.
Client link from the Games option on the Start Menu.

22.Minimum Hardware Requirements

In order to enjoy the Services, You are required to either install a downloadable application in relation to the poker offering on your computer, or use the online version of the Services (for the non downloadable version of the casino offering). The minimum recommended specifications for the download version are:

Live Casino

You hereby acknowledge that in order to play on our Live Casino your computer must meet the following minimum hardware, software and connection requirements:

22.1 For PC:

OS - Windows XP
CPU - Pentium 1.8 GHz (or AMD equivalent)
RAM - 760 Mb
HD - 50Mb available

22.2 For Mac, once shall be applicable upon Company's sole discretion :

OS version: Mac OS X 10.6.8
CPU: 2.4 GHz Intel Core 2 Duo
Memory: 4GB DDR2 667 MHz

22.3 The non-download client is supported on the following browsers: IE6 and above, Firefox 3 and above, Safari 4 and above and Chrome 4 and above.

22.4 You will need to have the Adobe Flash Player (10.3 and above) installed. Should the Adobe Flash Player version installed be incompatible with the requirement above, end-users will be prompted to download and install the required version.

22.5 In relation to the mobile application on the iPhone and iPad, We support version iOS 6.0 and above.

22.6 In relation to the mobile application on the android operating system the minimum requirements are:

ARMv7 processor with vector FPU, minimum 550MHz, OpenGL ES 2.0, H.264 and AAC HW decoders
Android 2.3 and above
256MB of RAM

Live Casino

You hereby acknowledge that in order to play on our Live Casino your computer must meet the following minimum hardware, software and connection requirements:

Hardware: 2.5 GHz Intel Pentium III or 100% compatible 1GB RAM Keyboard, mouse SVGA graphics card capable of 800 x 600 resolution or higher
Software: Microsoft Windows 2000/ XP or Vista Internet Explorer 6.0, Mozilla 2, Chrome 1/0/0154, Safari 3.0 or later Adobe Flash Player 9
Connection: 256 kbps You hereby agree that in the event that the Live Casino is disconnected due to unsuitable hardware, software and/or connection configurations on your part, We shall be under no obligation to refund to You any monies and the Company will not be responsible for any loss, including loss of winnings, which may result.

23.Governing Law

This Agreement including the Additional Rules and Privacy Policy and the relationship between the parties shall be governed by, and interpreted in accordance with, the laws of the State of New Jersey. You hereby consent to the exclusive jurisdiction of the courts in the State of New Jersey to resolve any disputes arising out of Internet or mobile gaming.

24.Language Discrepancies

This Agreement has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the English language version, the meaning of the English language version shall prevail.

25.Player Disconnection

25.1 Without derogating from Sections 6.10, 7.4 and 12.1.3.2 above, the following provisions will apply in the event of your disconnection from the server while playing a casino game:

(i) If no further action by You is required to complete the casino game, the final outcome shall be determined by the random number generator. Upon your reconnection to the server you can view the game's final outcome by clicking on "My Account", and then selecting "My History".

(ii) If any further action by You is required to complete the casino game the random number generator will not automatically determine the final outcome. Upon your reconnection to the server, You can continue to play the game from the point immediately prior to the disconnection. You have 8 weeks from your disconnection from the casino game to complete it. If You have not completed the game by the end of such 8 week period, the game will then automatically terminate and any bets made by You relating to such game shall be deducted from your account.
If you have any further questions with regards to disconnection while playing casino games, you can contact us at [email protected].
25.2 The player disconnection provisions applicable to Poker games are described in the House Rules.

26.Provisions Relating to Specific Games

Poker

You hereby acknowledge that all bets placed by You in relation to multi-player poker games are bets placed with other users and not bets placed with or against the Company. The Company does not assume any risk whatsoever for bets placed between You and any other user of the Service. The Company does not under any circumstances either place or accept bets itself.

You may not occupy more than one position at a poker table at any given time, though You may occupy one position at several tables at any given time.

You understand and agree that all of our multi-player poker games are public and therefore may be reviewed and published by other players, either at the time of the game or thereafter.

We provide multi-player poker games so as to provide a platform for users to play poker and to bet with each other using the Software. In consideration of this service We charge either:

(a) a commission (known as a rake) which is calculated in accordance with the House Rules; or (b) a percentage of the "buy-in" fee for tournaments.

Collusion:

occurs when two or more players at a poker table attempt to gain an unfair advantage by sharing knowledge of their cards or other information. In cases of suspected collusion, the Company shall be entitled to freeze the implicated players' accounts pending investigation, and/or notify the proper authorities of the suspected activity. Any player who colludes or attempts to collude with any other player while using the Service may be permanently banned from using the Service or the Software or any other related services of the Company, their account may be terminated immediately and the Company shall be entitled to retain all monies that are reasonably determined to have been obtained as a result of collusion. We have developed and employ sophisticated proprietary technology intended to seek out and identify players acting in collusion. If the Company is informed during play about suspected collusive behavior, it may, in its sole discretion, terminate suspected players' access to the Service and/or block their accounts. No player shall have the right to require the Company to take any other steps against players suspected of collusion, cheating or any other form of fraud.

Chip-Dumping:

Chip-dumping occurs when any player deliberately loses a hand in order to transfer his chips to another player. In cases of suspected chip-dumping, the Company shall be entitled to freeze the implicated players' accounts pending investigation, and/or notify the proper authorities of the suspected activity. Any player who is involved in an act of chip-dumping or attempted chip-dumping while using the Service may be permanently banned from using the Services or the Software or any other related services of the Company and such player's account may be terminated immediately.

If your account is associated with poker fraud in any way - for example through Chip Dumping, or Collusion, We will be entitled to freeze your account pending investigation, and/or notify the proper authorities of the suspected activity, the outcome of which may result in the closure of all your accounts, You being barred from future use of the Services, and the forfeiture of funds reasonably determined to have been obtained as a result of such fraud.

PLEASE PRINT OFF AND RETAIN A HARD COPY OF THIS AGREEMENT FOR YOUR RECORDS.

27.Use of Shopping Cart/Card-Linked-Offer Services

As a Member of Rubids, you will be able to purchase certain products from certain Affiliate Stores using (a) the Rubids shopping cart service (the "Shopping Cart"), a free express online checkout service provided by an Rubids affiliate, or (b) the credit-card-linked offer service (the "CLO"; and with the Shopping Cart, each a "Service"), a method that will allow some of your offline purchases with certain Affiliate Stores to qualify for certain Rubids rewards. The Services are separate (a user can use the Shopping Cart without participating in CLO or vice versa), but we believe both aspects of the Service will enhance your overall shopping experience.

License to the Service. Subject to the terms and conditions of this Agreement, Rubids grants you a limited, non-exclusive, and revocable license to access and use the Service. Rubids (or its affiliate) reserves the right to change, upgrade or discontinue the Service or any feature of the Service at any time, with or without notice.
Merchandise Shipping, Exchange and Return Policies. A product purchased using the Service is covered by the applicable Affiliate Store's return, exchange and shipping policies. With respect to the Shopping Cart, while Rubids will obtain the shipping cost for you during the checkout process, these policies will not be available for review on the Rubids Site during the checkout process. They are, however, available on the respective Affiliate Store's own website should you wish to review them. With respect to CLO, transactions may be subject to the Affiliate Store's offline policies, which will not be available for review on the Rubids Site during the checkout process.
Personal Information and Processing. By using the Service, certain information about you such as payment information and billing and shipping address is provided to Rubids in order to complete transactions with Affiliate Stores, and you authorize Rubids to process and complete payment transactions on your behalf. You also authorize Rubids and the Service to store such purchase information including, without limitation, your credit card number, for future purchases and transaction-matching purposes.
Privacy, Security and Information Collection. As a condition of using the Service, you agree that Rubids has the right to collect, retain, and use, subject to and in accordance with the terms of its Privacy Policy, information collected in your use of the Service. Your credit card information will be encrypted and stored in the Services databases.
Limitations on Liability. You agree that neither Rubids nor the Service is responsible or liable for the availability, accuracy, content, reliability or advertising of the merchandise or services of Affiliate Store sites. This Agreement and the corresponding Privacy Policy only apply when you are on the Site. Once you link to an Affiliate Store's website, you should read and understand that website's terms of use and privacy statement before disclosing any personal information. In addition to the limitations of liability set forth in the Agreement below, to the extent allowed by law, the total liability of Rubids or the Service to you for any damages related to your use of the Service, regardless of reason, will not exceed US$50.
Electronic Communications. We may communicate with you regarding the Service by electronic communications using information you provided during the registration process. You agree that we may communicate with you by means of electronic communications regarding these Terms of Use or the Service, payment and credit card information, and any other matter relating to your use of the Service. Termination of Service. Rubids reserves the right, at any time, to modify or discontinue offering the Service in its sole discretion. If you are dissatisfied with any aspect of the Service at any time, your sole and exclusive remedy is to cease using the Service and/or provide Member comments to Rubids. You agree that Rubids will not be liable to you or to any third party for any modification, suspension, or termination of the Service.

Testimonials

What people say?

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April 24, 2018

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SUBSCRIPTION FORM

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Terms and Conditions

Content

Terms and Conditions

1.Introduction

Odds of Winning Auctions

2. Acceptance of Terms and Conditions

3. Compliance with Laws and Location Verification

4. Permitted Participation

5.Information Technology/Intellectual Property

6.Your Representations and Undertakings

7.Prohibited Uses of the Sites and Services

8.Your Account

Registering

Referrals

Account Termination

9.Payment Transactions and Payment Fraud

10.Bonuses

11.Obligations of the Company

12.Dispute Resolution

12.1 Dispute Resolution Mechanism Between Players

12.2 Disputes With The Company

12.3 All Disputes

13.NO WARRANTY

14.Limitations of Liability

15.Breach of Terms and Conditions

16.Duration and Termination

17.General

18.New Jersey Regulations

19.Chat Feature

20.Customer Service Department and Special Promotions

If You wish to return or cancel an order, please contact us at [email protected].

Delivery

Withholding Payment / Retention of Title

Disclaimer of Warranty and Liability Regarding Use of Rubids

Indemnity

21.Uninstall and Shortcut Additions

22.Minimum Hardware Requirements

Live Casino

22.1 For PC:

22.2 For Mac, once shall be applicable upon Company's sole discretion :

Live Casino

23.Governing Law

24.Language Discrepancies

25.Player Disconnection

26.Provisions Relating to Specific Games

Poker

Collusion:

Chip-Dumping:

27.Use of Shopping Cart/Card-Linked-Offer Services

Testimonials

What people say?

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